The episode has called into further question the city’s process of selecting judges, something several City Council members, including Dwaine Caraway, complained loudly about as the process was underway. The council’s four black council members — Caraway, Tennell Atkins, Vonciel Hill, and Carolyn Davis — walked out of one meeting, complaining that their entreaties to retain two black judges were being ignored. It was the most divisive fight among council members that has occurred in years.

“We really took a black eye on that,” Caraway told me this morning. “After the smoke settles, we find that the process was flawed.”

Caraway said he and the others who called the process into question are now due an apology.Continue reading →

As noted below, I reported this weekend on the appointment of Dallas Judge Paula Rosales Aldana, who received her spot with the help from a man she recently lived with, attorney Alex Hernandez.

No one has accused Rosales or Hernandez of violating city policy or ethics codes on conflicts of interest. But City Council member Angela Hunt said she will ask the city attorney’s office to look into the case.

“This is all very troubling, and as co-chair of the (judicial ) committee, I will be asking our city attorney to investigate this issue and determine the facts,” Hunt said.

This morning, I caught up with City Attorney Tom Perkins, who said he will begin an inquiry.

She wants to be a district court judge and has filed to run in the Democratic primary for the 162nd district seat.

But, acting on the advice of City Attorney Tom Perkins, the council voted this morning to remove her from the municipal bench. Perkins advised that city appointees are required under the city charter to step down when seeking higher office.

Brown sued the city she serves to prevent her removal, but she never got an injunction to stop enforcement of the city’s law. She and her attorneys argue that municipal judges, though appointed by the city council, are not considered employees of the city and are, in fact, judicial officers of the state.

“I have faithfully upheld my oath and the city charter and continue to do so today,” Lister Brown told the council.

She said the city charter provision Perkins is relying on “was never intended to be applied to municipal judges, who are members of the state judiciary.”

“The charter just does not state that,” she said. “This case, and our presentation today is not just about me and my profession, but it’s also about every municipal judge in the city of Dallas who has a desire to move up and to advance in their service to this community.”

Lister Brown’s attorney, Ray Guy of Weil, Gotshal & Manges LLP, made a lengthy legal argument to the council on her behalf, calling Perkins’ stance “a flawed reading of the city charter.” Here’s a copy of his PowerPoint.

There was much discussion among attorneys and council members, including some in closed session.

But in the end, the council didn’t buy Lister Brown’s argument. So now the lawyers will head to court.